A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Return to Topics List

HOA Board is allowing people to remove their front yard trees. Doesn't this hurt property value?

Started by JeremyM327 replies • 3863 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JeremyM3 (North Carolina)
Posts: 122
Posted:
Our HOA Board is allowing people to remove their front yard trees.

Our community is 49 houses, and 6 houses now have removed their front yard tree. The builder put 1 tree in every lot's front yard when the houses were built 5 years ago.

The HOA Board is not enforcing 4 houses that removed the tree without Architectural Approval.
The HOA/Arc. Board did approve removing tree for 2 lots.

Doesn't this hurt property values?
TimB4 (Tennessee)
Posts: 21,062
Posted:
How many or how few trees are on each property, in my opinion, does not affect the value of the property.
It may or may not influence buyers to put in a bid or not.

Depending on the size of the lot, where the tree is planted and type of tree used can affect the foundation of the home.
Typically root systems are twice the size of the canopy of the tree. Over time, the roots will interfere with sidewalks, driveways, the foundation and any piping that is the yard.
JeremyM3 (North Carolina)
Posts: 122
Posted:
The trees are about 12 feet tall, and far enough away from the house/sidewalk/driveways where the roots will never be an issue.
TimB4 (Tennessee)
Posts: 21,062
Posted:
What type of trees are they?
JeremyM3 (North Carolina)
Posts: 122
Posted:
I'm not sure to be honest, here's a picture: http://i.imgur.com/DCb1M5Z.jpg
TimB4 (Tennessee)
Posts: 21,062
Posted:
I can't tell the type of tree from the picture.
Based on the picture, I suspect that the tree is:
a) not mature
b) about 6 feet from the sidewalk
c) about 12 - 18 feet from the foundation

Personally, I would consider removing the tree as the yard simply doesn't seem large enough.

Lets assume that the tree is a maple.
A maple tree can grow 50 to 75 feet high and 40 to 50 feet wide. This means (even if you prune the tree) that the root system will be 40 to 75 feet in width.

Bottom line is that unless the covenants specify that a tree must be in each yard, then the Board can certainly allow the removal of said trees.

Keep in mind that the purpose of an HOA is to maintain the common areas. The HOA does not maintain property values. However, having a well kept neighborhood will be attractive to potential buyers. This may or may not impact the sale of homes within the area (which can have an affect on property values).

Regarding trees, here are some articles you may want to use for some research:

21 Trees You Should Never Plant In Your Yard from Best Plants

Small and Intermediate Trees for North Carolina from NC State

Gardening With Natives from NC Native Plant Society
LetA (Nevada)
Posts: 2,679
Posted:
My HOA is going through a similar situation. We are five years past handover from the developer and found that two types of trees need to be removed.
The HOA already removed one species of trees because of their invasive root systems that were already causing damage in the common areas.
Since we the homeowners are paying for monthly maintenance, the HOA wants to limit their liability and make homeowners sign a waiver to keep trees with invasive
root systems or at the "HOA" ahem our expense remove trees from declarants homes with said trees.

It is a touchy situation, do you keep a tree that has an invasive root system, or one that has the potential to fall on another property and cause damage.
would your insurance cover it? questions and dilemmas that need to be ironed out before grabbing the chainsaw.
JeremyM3 (North Carolina)
Posts: 122
Posted:
Thank you. Our HOA fees are $265/year and we have no club house, no pool. Just a small common area that nobody uses, it only gets mowed 3x per year and it's a 60 foot strip of land behind the houses.

Other violations we have that the board won't enforce, which I want them to are:

Sheds that are 100% on the common area instead of on the owner's own property
Mailbox covers/decals
Trailers in yards
Commercial vehicles in driveways
Yards that are 90% weeds
Neighbor put a cactus garden in his front yard, 5 feet from sidewalk
PitA
Posts: 1,416
Posted:
O M G

PEOPLE

Actual, living PEOPLE

Having Fun

Owning Stuff

The HORROR

GwenG (Florida)
Posts: 669
Posted:
I am really starting to appreciate PITA's brand of humor.
AugustinD
Posts: 5,144
Posted:
I agree with TimB4. I also looked at the photo Jeremy provided. These trees are so close to the houses, sidewalks and roads that the likelihood of their damaging underground sewer lines, building foundations, sidewalks and roads within 5-15 years is good.

My former HOA has non-native trees located in positions very similar to those shown in Jeremy's photo. The tree roots are lifting driveways and sidewalks. My former HOA had responsibility for front yard maintenance and started removing these trees. My present HOA (a condominium) put several owners through the nightmare of sewer line backups before the HOA got a new attorney. The new attorney said: Tree roots from common area trees are trespassing on owners sewer lines. Get rid of the trees. Pay for the repairs. Case law says the same. This is real estate law 101.

Suburban developers use this neat trick of planting small trees to boost property values. As they mature, such trees become a nuisance.

Jeremy, can you post the part of your governing documents that addresses front yard maintenance by owners?
GwenG (Florida)
Posts: 669
Posted:
In my case, a bad tree was planted right ON the water and sewer line in the utility easement. My HOA was originally a campground and lot spaces are close together. Many people planted trees in their easements for a little more privacy. The easement is my property. As a permanent structure, the tree should not have been planted there. The tree roots had already heaved the driveway in several places causing concrete edges to heave vertically into driving and walking areas. It was a hazard to me and my car and a liability potential for anyone walking on my driveway to my home. I did not consult the HOA. I had the tree completely removed. I had to remove the entire 30' wide double driveway and replace it.

These trees planted by careless Developers "for esthetics" and clueless homeowners can be a DEVALUATION of property. It cost me almost $1000 to remove the tree and stump and $4000 to remove and replace the driveway. I knew this was going to need attention before I made an offer on the property, and my offer reflected the anticipated cost. The property was devalued. Fortunately, the tree roots had not damaged the utility lines to my home.

My neighbor also had a problem tree on his drainage easement. He chose to go the route of the HOA "rules" about getting permission to remove the tree. He fussed with the HOA for 3 months before finally getting "permission" to remove the tree. And, incidentally, the Covenants and Rules were then expired on his property and I told him so. He went ahead anyway and fussed with the HOA which pretended it had authority to permit or deny tree removal.

Short answer to OP question? NO, it does not hurt property value. What hurts property value is the growing trend of the buying consumer to refuse to buy property in HOA's because of the growing awareness that it limits your civil and property rights, can make your life a living hell and is more costly. HOA's mission is not to protect or enhance property values. That is marketing hype that consumers want to believe. HOA's purpose is to maintain common property.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By GwenG on 05/27/2017 8:15 AM

These trees planted by careless Developers "for esthetics" and clueless homeowners can be a DEVALUATION of property.

Actually, many States or Counties specify the number of trees that the developer must plant.

I've seen this done in TX and VA.
The formula is different for each State but is based on what is on the property before development and the age of the plant life. For example, I was told by one Developer that he is required to plant 2 trees for every mature tree that is removed.
GwenG (Florida)
Posts: 669
Posted:
Yes,I have heard that Developers are sometimes required by their municipality to plant a certain number of trees. Unfortunately, this is rarely specified and Developer will choose the cheapest, trashiest, fastest-growing tree to plant with no regard to positioning or future root interference with structures.

That is what I meant by "careless". Developers will choose a way to fulfill the short-term requirement in the cheapest way possible and with no care to the welfare of owners down the road. Too bad for homeowners who later have to fuss with their Association because Developers also wrote a restriction against removing trees. And then they have to come on forums to belatedly clarify their rights or hire attorneys to fight to remove their own tree!

Ahhhh...the care-free lifestyle of living in an HOA!
PitA
Posts: 1,416
Posted:
Yes, I have heard that Developers are sometimes required by their municipality to plant a certain number of trees.


But, are the subsequent property owners required to keep them ??

Let the toric ka-ka debate begin.

;)
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By PitA on 06/01/2017 9:05 AM
Yes, I have heard that Developers are sometimes required by their municipality to plant a certain number of trees.


But, are the subsequent property owners required to keep them ??


Probably not.

This would depend on local laws and zoning restrictions.

It would also likely vary by city/county
LetA (Nevada)
Posts: 2,679
Posted:
I would do it now rather than kick the can down the road. Some species of trees have rapid growing root systems that seek out water faster than a diving rod.
My HOA is going through a similar issue, they are getting rid of all the palo verde and mesquite trees. The palos had roots that were growing through the walking path into the drip irrigations system. The same for the Mesquites.

Many homes in my community have these trees and the homes have less than 12' frontage and those roots will grow under your post tension slab and under your driveway and cause it to buckle.

Nip this in the bud before it nips you.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By JeremyM3 on 05/25/2017 8:46 PM
Our HOA Board is allowing people to remove their front yard trees.

Our community is 49 houses, and 6 houses now have removed their front yard tree. The builder put 1 tree in every lot's front yard when the houses were built 5 years ago.

The HOA Board is not enforcing 4 houses that removed the tree without Architectural Approval.
The HOA/Arc. Board did approve removing tree for 2 lots.

Doesn't this hurt property values?

I just removed 5 trees from my property. The trees were nuisance trees (cottonwoods). The roots were growing towards foundation of home, some growing above ground, and in a wind storm because they are self trimming would have large branches break off. If the HOA wanted to pursue what would be their argument???

So the question is what type of trees are being removed, for what reasons, and what do the CCR's state with regards to trees?

TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By JanetB2 on 06/01/2017 11:41 PM

If the HOA wanted to pursue what would be their argument???

My bet would be failure to obtain prior approval for an exterior change (one of the common covenant violations we hear about all the time on this board).
TimB4 (Tennessee)
Posts: 21,062
Posted:

Quote:
Posted By JanetB2 on 06/01/2017 11:41 PM

If the HOA wanted to pursue what would be their argument???

My bet would be failure to obtain prior approval for an exterior change (one of the common covenant violations we hear about all the time on this board).

reposted to make it easier to read
TimB4 (Tennessee)
Posts: 21,062
Posted:
Oh well, I tried.
PitA
Posts: 1,416
Posted:
..... seek out water faster than a diving rod. .....


DIVINING rod

(like I predicted: toric ka-ka)
LetA (Nevada)
Posts: 2,679
Posted:
it is allot better than having to shell out THOUSANDS of dollars for a root that lifts the post tension slab or augers through your sewer pipe.
PitA
Posts: 1,416
Posted:
..... maybe, but the (now open) sewer pipe should allow the toric ka-ka to dissipate
GwenG (Florida)
Posts: 669
Posted:
Ok PITA I'll bite. "Toric" ka-ka? I got the Ka-ka part.
PitA
Posts: 1,416
Posted:
1. Bos taurus (n.)
domesticated bovine animals as a group regardless of sex or age

A more proper term on my part would be: Tauric Ka-Ka

However, a Torus is the proper shape for the applicable orifice.

JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By TimB4 on 06/02/2017 6:54 AM
Posted By JanetB2 on 06/01/2017 11:41 PM

If the HOA wanted to pursue what would be their argument???


My bet would be failure to obtain prior approval for an exterior change (one of the common covenant violations we hear about all the time on this board).

I did send a letter to ACC detailing what I was going to do and why. Lack of response in 30 days allowed by State Law = I get to do exactly as I stated.

My point to the OP is what would be their argument to deny??? Unless my HOA would want to take on the responsibility for property damage caused by the trees they would have had no valid reason to not allow removal, so is the OP's HOA in same situation? As LetA noted it could cost many thousands to repair a foundation. Also, my new HOA does not require certain landscape items whereas my old HOA required two trees and 10 bushes in the front landscape area.

As the OP stated if the Board is allowing removal ... The reason is potentially type of trees planted, possibly planted too close to homes, and does the documents require certain number of trees or bushes? If the documents are vague and do not require landscape items, then it is difficult for an ACC or Board to have a leg to stand on with regards to denial. Therefore, my questions to OP which have yet to be answered. If their documents "require" one tree then potentially any tree removed needs to be replaced with one that is maybe planted in better location and not a nuisance.
WalterM3 (Georgia)
Posts: 442
Posted:
Quote:
Posted By JeremyM3 on 05/25/2017 8:46 PM
Our HOA Board is allowing people to remove their front yard trees.

Our community is 49 houses, and 6 houses now have removed their front yard tree. The builder put 1 tree in every lot's front yard when the houses were built 5 years ago.

The HOA Board is not enforcing 4 houses that removed the tree without Architectural Approval.
The HOA/Arc. Board did approve removing tree for 2 lots.

Doesn't this hurt property values?

What do your CCR's say?

Ours say: "Each Owner shall also be responsible for maintaining his Lot in a neat, clean and sanitary condition, and such responsibility shall include the maintenance and care of all lawns, trees, shrubs, hedges, grass and other landscaping contained within such Lot."

To my mind this gives control of the lots to the home owners. The same paragraph says:

(ii) In addition to the foregoing, the Association may do anything necessary to secure compliance with this Declaration so as to place said Lot in a neat, attractive, healthy and sanitary condition and the charges incurred for securing such compliance, including the cost of curling, trimming, or pruning of leaves, grass, landscaping or trees, or the cost of removal of leaves, grass, landscaping or dead or diseased trees or the cost of removal of garbage, trash, or rubbish, may be charged to the Owner or occupant of such Lot."

So as long as the lot is 'neat, attractive, healthy and sanitary' , the HOA has no power to direct how the home owner keeps it.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here